Allahabad High Court
Kedar Nath And 2 Others vs State Of U.P. And Another on 11 June, 2021
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10515 of 2021
Applicant :- Kedar Nath And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Krishna Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. Heard Sri Krishna Kumar Mishra, learned counsel for the applicants and Sri Janardan Prakash, learned AGA for the State.
2. Learned counsel for the applicants has filed this application seeking anticipatory bail mentioning therein that complainant is a practicing Advocate at District Court, Jaunpur, and is deliberately harassing the applicants due to land dispute. It is submitted that applicants have directly approached this Court on account of lodging of FIR registering Case Crime No.0040 of 201, under Sections 323, 504, 506 and 354 IPC at Police Station-Singramau, District-Jaunpur on 23.03.2021, when second wave of Covid-19 pandemic was on its peak. Therefore, applicants have been able to make out an extraordinary circumstances in the light of the judgment of Five Judges Bench of this Court in case of Ankit Bharti Vs. State of U.P. and another; 2020 (3) ADJ 165 (F.B.), by directly approaching this Court.
3. Applicants' contention is that, none of the ingredients of Sections 323, 504, 506 and 354 IPC are made out. Applicants have been falsely implicated on account of land dispute. They are respectable citizens and they have nothing to do with the alleged offence, but with a view to extract mileage in civil dispute, this FIR has been lodged.
4. Sri Janardan Prakash, learned AGA opposes the prayer for granting anticipatory bail to the applicants.
5. Looking to the facts of the case, taking into consideration the gravity and nature of accusation and there being no possibility of their fleeing from process of justice delivery, this Court is of the view that applicants are entitled for anticipatory bail.
6. Accordingly, let applicants-Kedar Nath, Sudhanshu @ Sunil and Satyam involved in Case Crime No.0040 of 201, under Sections 323, 504, 506 and 354 IPC at Police Station-Singramau, District-Jaunpur shall be released on anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned with the following conditions:-
(i) The applicants shall make herself available for interrogation by a police officer as and when required, by approaching said police officer within 30 days from today.
(ii) The applicants shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The applicants shall not leave India without the previous permission of the Court.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(vi) In default of any of the conditions mentioned above or in case it is found that applicant has obtained this order concealing any material facts, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 11.6.2021
Ashutosh
